Section 8. Miscellaneous
8.1 Terminology and processes for delegating decision-making
Issue
The Northwest Territories Lands Act and Commissioner’s Land Act contain different provisions and terminology relating to the:
- authority of the Commissioner
- delegation of decision-making authorities
Persons authorized to make similar types of decisions are inconsistent between and within the two acts. The different processes and delegations for decision-making can result in inefficient administration and inconsistent decision-making.
Background
The Commissioner’s Land Act provides different authorities to the Commissioner in various provisions. Three separate authorities exist throughout the act: the “Commissioner”, the “Commissioner in Executive Council” or the “Commissioner, on the recommendation of the Minister.” The Northwest Territories Lands Act only refers to the “Commissioner in Executive Council.”
The Northwest Territories Lands Act and Commissioner’s Land Act also provide different authorities to delegate decision-making powers. The Commissioner’s Land Act provides that certain persons may be designated decision-making authorities by: the Commissioner, the Commissioner in Executive Council, the Commissioner on the recommendation of the Minister, or the Deputy Minister. The Northwest Territories Lands Act allows the Minister to delegate his or her responsibilities and authorities. Associated regulations are also inconsistent.
Recommended Action
- Propose modernization and harmonization of authorities and delegations of authority in the Northwest Territories Lands Act and Commissioner’s Land Act to ensure decisions are being made at appropriate levels.
Rationale
The recommended action will increase transparency and accountability in decision-making. It will also improve efficiency while ensuring that decisions are delegated to persons with appropriate levels of authority.
Regulations under the two acts will also require amendments.
The recommended action will help to achieve the following goals:
- align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
- enhance consistency in the application of the Northwest Territories Lands Act and Commissioner’s Land Act
- improve clarity with respect to legislative authority
- modernize legislation by removing out-dated provisions or terminology
- minimize operational challenges in land administration
8.2 Residential Tenancies Act
Issue
The Commissioner’s Land Act states that the Residential Tenancies Act does not apply in respect of Commissioner’s Land held under a lease issued under the Commissioner’s Land Act.[1] There is no such residential tenancies provision in the Northwest Territories Lands Act. As such, the Residential Tenancies Act could be applied to leases issued under the Northwest Territories Lands Act by the GNWT.
Background
The Residential Tenancies Act sets out obligations and liabilities that characterize traditional landlord-tenant relationships. These are not always appropriate or applicable for land leases granted by the GNWT.
Recommended Action
- Propose that the Residential Tenancies Act not apply to a lease on Territorial Lands issued under the Northwest Territories Lands Act.
Rationale
This amendment will reduce GNWT potential liability and legal costs, and improve consistency between the Northwest Territories Lands Act and Commissioner’s Land Act.
The recommended action will help to achieve the following goals:
- align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
- enhance consistency in the application of the Northwest Territories Lands Act and Commissioner’s Land Act
- minimize operational challenges in land administration
8.3 Limitation of occupiers’ liability
Issue
The Commissioner’s Land Act provides that the Commissioner is not liable as an occupier of Commissioner’s Land for damages, including damages for injury or death, arising from any activity that occurs on undeveloped Commissioner’s Land.[2] There is not a limitation of liability provision in the Northwest Territories Lands Act.
Background
Occupiers’ liability refers to the duties that occupiers owe to individuals who enter their premises. The gap in the Northwest Territories Lands Act potentially leaves the GNWT open to liability, where it would not be under the Commissioner’s Land Act.
Recommended Action
- Propose that the limit of liability for damages arising from any activity that occurs on undeveloped Territorial Lands be included in the Northwest Territories Lands Act.
Rationale
The recommended action will improve consistency between the Northwest Territories Lands Act and Commissioner’s Land Act, and reduce GNWT potential liability and legal costs.
This provision in both Acts can be repealed by way of a consequential amendment when the new GNWT “Occupier’s Liability Act” comes into force. The Department is in the early stages of developing this legislation for the GNWT.
The recommended action will help to achieve the following goals:
- align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
- enhance consistency in the application of the Northwest Territories Lands Act and Commissioner’s Land Act
- minimize operational challenges in land administration
8.4 Units of measurement
Issue
The Northwest Territories Lands Act uses the imperial system whereas the Commissioner’s Land Act uses the metric system. The differences between the Northwest Territories Lands Act and Commissioner’s Land Act create issues and inconsistencies for land administration.
Background
The Northwest Territories Lands Act uses the imperial system, for example provisions relating to land parcel size or distances are in acres and feet. The Commissioner’s Land Act uses the metric system, provisions relating to parcel size or distances are in hectares and metres. Canada officially uses the metric system and has since the 1970s. The use of the imperial system in the Northwest Territories Lands Act is out-dated and creates challenges in land administration.
Recommended Action
- Propose modernization of the Northwest Territories Lands Act by changing imperial units to the equivalent metric units.
Rationale
The recommended action will help to achieve the following goals:
- align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
- enhance consistency in the application of the Northwest Territories Lands Act and Commissioner’s Land Act
- modernize legislation by removing out-dated provisions or terminology
- minimize operational challenges in land administration
[1] See section 3 (1.2) of the Commissioner’s Land Act.
[2] See section 6.1 (1) of the Commissioner’s Land Act.